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Bombay high court: Mumbai restaurant with eating house permit can’t serve herbal hookah on the menu.

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3 years ago

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MUMBAI: Bombay high court held herbal hookah cannot be on the menu in a restaurant operating on an eating house license from the Brihan mumbai Municipal Corporation (BMC).
It cannot be countenanced that grant of a license to conduct an eating house is deemed to include a license to conduct Hookah activities and the civic chief is certainly required to consider issues that could be a nuisance or dangerous said A bench of Justices Girish Kulkarni and R N Laddha on April 24 denying permission to ‘The Orange Mint’ a lounge in Chembur to serve herbal hookah (HH).
The HC held that the Mumbai municipal Commissioner Iqbal Chahal has appropriately exercised his discretion under the Mumbai Municipality Act, to prevent HH being served at the lounge. The BMC is noted expected to keep a “continuous vigil’’ on hookah activity of the petitioner said the HC adding, “Once it is clear that hookah activities are not part of the Eating House license conditions, such activity cannot be permitted”.
Justice Kulkarni authoring the order, gave an illustration saying, “In a restaurant or eating house, where children, women and elderly visit for refreshments/eating, it cannot be expected that hookah is one of the menus being served and more particularly of the category as offered by the petitioner using flame or burnt charcoal.’’ The HC said, “This would amount to an absolute nuisance’’ at the restaurant and were it to become a reality, “the impact it would create on such customers at the eating house can just be imagined”.
Under Section 394 of the Municipal Corporation Act, restaurants are issued an eating house license to operate. Section 394, said the HC prohibits certain trades, processes and operated without a license and empowers BMC To seize, destroy to prevent danger or nuisance.
But the section cannot be interpreted to mean such license would permit the restaurant to serve ‘herbal hookah’ said the HC whose order was made available on May 1.

“The Municipal Commissioner in granting license is certainly required to apply his mind to such issues which are dangerous to life, health or property of the citizens, as also, on issues which are likely to create a nuisance…’’the HC said.

Entrepreneur, S B Parkhi, the petitioner through her counsel counsel Mayur Khandeparkar submitted that the license issued by the BMC would include serving of ‘herbal’ hookah. The challenge was to April 18, 2023 order assed by the Medical Officer Health, M/West
Ward, directing to stop serving such herbal hookah within seven days, else they
eating house license shall be revoked, without any further notice.
Brihan Mumbai Municipal Corporation (BMC) lawyer Kunal Waghmare took the stand that an eating house license would not permit any such hookah activity.
Authoring the order, Justice Kulkarni said the section cannot be interpreted “narrowly”.
“On a holistic reading of Section 394 of the MMC Act, the contention of the petitioner that the eating house license granted to her permits “hookah activities” or conducting any “hookah parlour” under the terms and conditions of the eating home license, is totally untenable,’’ held the HC adding, “ The canvass of Section 394 of the MMC Act, is quite broad to take within its ambit articles, trade, operations, which are dangerous to life, health or which are likely to create nuisance, as quite extensively described in the provision”.
The HC reasoned that the legislatures’ intention can be derived from the clear wordings that include in its ambit any article, trade, process or operation which in the opinion of the civic chief are dangerous to life, health or property or are likely to create nuisance “either from its nature” or by reason “of the manner” in which or the conditions under which the same are or are proposed to be used and carried on.

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Maharashtra

Abu Asim Azmi praised for introducing a bill against hate speeches and hate crimes, Muslim organizations called Abu Asim Azmi’s step commendable.

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1 day ago

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December 20, 2025

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Mumbai: Leading Mumbai NGOs like OZ Seva Trust, Minara Masjid Trust, All India Ulema Board, Malik Liaquat Hussain Trust, National Uni-Ayush Activist Trust, Mumbai Central Association etc. today felicitated SP State President Abu Asim Azmi at Islam Gymkhana and appreciated his efforts to maintain unity and brotherhood in the society by respecting all religions in the Maharashtra Assembly. Azmi had introduced a bill in the Nagpur Assembly to enforce strict laws against religious hatred, blasphemy, prophets, religious leaders, and religious places, and hate speeches and hate crimes.

The event was organised at Islam Gymkhana, Mumbai. Addressing the event, Abu Asim Azmi said that nowadays hatred is being spread among the brothers by making objectionable or insulting inflammatory speeches against any religion, religious leader, religious book, religious place, Prophet Muhammad (PBUH). This poses a threat to peace and order. Therefore, we have presented this bill in the Legislative Assembly against those who insult any religion, religious leader, religious book, religious place, or Prophet. This bill proposes a penalty of imprisonment for up to 10 years and a fine of up to Rs 2 lakh for those who make slanderous statements about any religion, religious leader, religious book, or religious place or spread it on social media. Such a punishment will curb hate speech and hate crimes. MLA Raees Shaikh, State Working President Yousuf Abrani, Chief General Secretary Meeraj Siddiqui and Advocate Rizwan Merchant, Maulana Ijaz Kashmiri, Nizamuddin Rain, Naseem Siddiqui, Sarfaraz Arjo were present at the event.

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Maharashtra

A split in Maha Vikas Aghadi before BMC elections, Congress’s slogan is ‘akela Chalo’

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1 day ago

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December 20, 2025

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The trumpet of the municipal elections has sounded in the state. Voting for 29 municipal corporations will be held on January 15, while the counting of votes will be held on January 16 and the results will be announced. In this election, everyone’s attention will be focused on the Mumbai Municipal Corporation elections. The Shiv Sena Thackeray group will try to retain power in the Municipal Corporation. While Eknath Shinde’s Shiv Sena and BJP will try to rule the BMC in Mumbai. Negotiations on seat sharing are ongoing in Mahayoti, but the electoral understanding has not been completed yet. However, a major rift has arisen in the Maha Vikas Aghadi before the Mumbai Municipal Corporation elections. The Congress has announced to fight the Mumbai Municipal Corporation elections on its own. Due to which the competition in this election has intensified further.

Congress will fight the elections alone
Congress has announced to fight the Mumbai Municipal Corporation elections on its own. Congress’ Maharashtra in-charge Ramesh Chinnathala is currently on a visit to Maharashtra. After a meeting held in Mumbai today, Ramesh Chinnathala has said that he will fight the upcoming elections on his own. He said that there is a lot of corruption in Mumbai. That is why the Congress has decided to fight the elections alone. We have decided to fight against the BJP and the Shiv Sena Thackeray group. True patriots and secular people should support us in this fight. After coming to power, we will resolve the issues of the Mumbai Municipal Corporation in a good way. Therefore, I appeal to the voters to support us and we will develop Mumbai.

Mumbai Municipal Corporation Elections
The State Election Commission had announced the Mumbai Municipal Corporation elections in a press conference on December 15. According to this announcement, candidates will be able to file their applications from December 23 to December 30, 2025. The Election Commission will scrutinize the applications on December 31. Candidates can withdraw their applications till January 2, 2026. Voting for the Mumbai Municipal Corporation elections will be held on January 5. The voting will be held on January 16, 2026 and the results will be declared on the same day.

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Maharashtra

After Babri, it’s Kashi Mathura’s turn. Baba Bageshwar Dham’s provocation in Mumbai.

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2 days ago

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December 19, 2025

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Mumbai: After the Babri Masjid, now it is Kashi Mathura’s turn, the slogan and provocation has been given by Dhirendra Shastri Bageshwar Dham Baba here in Mumbai. While answering the question of journalists in Andheri, Bageshwar Dham said that the temple is ours and we cannot give it up. When Baba was asked that the dispute had ended after the Babri Masjid, then why is the process of finding temples in mosques going on, to which he said that there are temples in many places and the dispute here is old. On Hindu Rashtra, Bageshwar Dham made it clear that there is also room for Muslims in Hindu Rashtra, his aim is to strengthen Sanatan, while a pilgrimage for Hindu Rashtra will start in Maharashtra to promote Hindutva. He said that it is wrong to declare India a secular country because India has never been secular. He said that there is a need for brotherhood and unity in this country and for that he goes on pilgrimage. Baba, while spewing venom, said that if efforts are not made for Hindu Rashtra and Hindus are not united, then the time is not far when the invasion of India will take place. He said that highly educated doctors in the country are becoming terrorists. If there is a Hindu Rashtra, then a Muslim youth will become Abdul Kalam. Will the mayor of Mumbai be a Muslim or a Hindu? On this, Bageshwar Dham said that he is away from politics, so a candidate should be selected who is useful for the people.

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